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06.19.03City of Sanford PLANNING & ZONIN6 COMMISSION Thursday -June 19, 2003 City Commission Chambers, 1S Floor, Sanford City Hall 300 North Park Avenue, Sanford, Florida Regular Meeting Agenda - 7:00 PAN Approval of Minutes June 5, 2003 Regular Meeting Minutes Development Plans DP -1 Consider the Site Plan for Consolidated Investment Properties office Park located at 3551 and 3025 W. 1 st Street Tax Parcel Numbers: 25- 19- 30- 5AE -010A -0000 and 25 -19 -30 -5AE -1500 -0000 Property Owners: Consolidated Investment Properties, Inc. & Albert J. Light Representative: Kenneth Ehlers, P.E. DP -2 Consider the Site Plan for a 18,168 square foot office/warehouse building for the Seminole County Supervisor of Elections at the Orlando Sanford Airport located at 1 500 E. Lake Mary Boulevard Tax Parcel Number: 06- 20 -31- 300 -0010 -0000 (portion) Property Owner: Sanford Airport Authority - City of Sanford Representative: Diane Crews, Vice President, Administration - Orlando Sanford International Airport Public Hearings PH -1 Hold a Public Hearing to consider a Conditional Use request to establish an Accessory Residential Structure at 1109 Oak Avenue Tax Parcel Number: 25- 19- 30 -5AG -1304 -0100 Property owner: Carrie C. Miller Representative: Carrie C. Miller PH -2 Hold a Public Hearing to consider a Planned Development Rezone and associated PD Master Plan for the Seminole Power Sports located at 1200 Rinehart Road Tax Parcel Number: 32-19-30-501 -0000-0100 Property owner: Town Center Holdings, LLC Representative: Mikal R. Hale, P.E. - Kimley -Horne and Associates, Inc. Staff Reports Citizen Participation Commissioners Reports Adjournment ADVICE To THE PUBLIC. If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he may need a verbatim record of the proceedings including the testimony and evidence, which record is not provided by the City of Sanford (FS 286.0105) Persons with disabilities needing assistance to participate in any of these proceedings should contact the Human Resources office ADA Coordinator at 407- 330 -5626, 48 hours in advance of the meeting. Page 1 of 1 MINUTES PLANNING & ZONING COMMISSION MEETING OF JUNE 1% 2003 7:00 P.M. CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT: Ross Robert Brian Volk Mike Skat Andy Kutz Rami Yosefian Bobby VonHerbulis Carol Dennison Otto Garrett Richard Huber MEMBERS ABSENT: Gary Lowell, excused OTHERS PRESENT: Russ Gibson, Interim Director of Planning & Community Development Nick Balevich, Planner Eileen Hinson, Planner Mary Muse, Recording Secretary Mr. Robert called the meeting to order at 7:04 P.M. I►►1101 elm MM Ms. Dennison moved to approve the Minutes of the June 5, 2003 Regular Meeting. Mr. VonHerbulis seconded. All in favor. Motion carried. DEVELOPMENT PLANS. Consider the Site Plan for Consolidated Investment Properties office Park located at 3551 and 3625 W. 1" Street, Representative Kenneth Ehlers was present. Mr. Gibson stated that the setback for the new building complies with the base setback. The landscape buffer will comply with the Gateway Corridor requirements on the new building but the old building will not be required to meet the Gateway standards but will be required to upgrade the landscaping. PLANNING & ZONING COMMISSION MINUTES — MEETING OF JUNE 19 2003 PAGE 2 Mr. VonHerbulis stated that there is overhead power where all the trees will be growing and if the size of the trees is to be increased, maybe the trees can be moved back onto the property further. Mr. Ehlers stated that moving the trees back further would not be a problem. Mr. Skat stated that the building appears to be built as a multi- tenant building because of all the doors along the front. Mr. VonHerbulis stated that he was concerned about tractor - trailer maneuverability with the possibility of blocking several units at a time when there is a delivery. Mr. Ehlers stated that he understands that American Door will occupy the entire building. Mr. Robert asked if the fifty square foot limitation on the freestanding sign was for both properties and Mr. Balevich stated that this is the intent. Mr. Kutz stated that he is concerned about the architectural design of the building. Mr. VonHerbulis stated that the only thing this board has dealt with is limiting certain features on a building. Mr. Skat asked if there would be adequate parking if American Door moved out and multiple tenants occupied the building. Mr. Balevich stated there is an area at the rear of the property that could be utilized for additional parking. Mr. Yosef an moved to approve per Staff's recommendation. Mr. Garrett seconded. During discussion, concerns noted were architectural design features and adding to an already existing problem. Motion carried with a vote 5 to 3. (Those in favor were Mr. Yosefian, Mr. Garrett, Mr. Volk, Mr. Huber, and Mr. Robert; those against were Mr. Skat, Mr. Kutz, and Mr. VonHerbulis). Consider the Site Plan fora 18,168 square foot office /warehouse building for the Seminole County Supervisor of Elections at the Orlando Sanford Airport located at 1500 E. lake Mary Boulevard. Mr. VonHerbulis refrained from voting due to being involved with bidding on the project. Representative Diane Crews was present along with the contractor, Kevin Spolski. Mr. Spolski stated that there will be a 10 -ft green area, an entry way with large trees, and there will be landscaping installed to hide the loading area. Mr. Skat moved to approve per Staff s recommendation. Ms. Dennison seconded. Mr. VonHerbulis abstained, all others in favor. Motion carried. PLANNING & ZONING COMMISSION MINUTES -- MEETING OF JUNE 19 2003 PAGE 3 PUBLIC HEARINGS. Hold a Public Hearing to consider a Conditional Use request to establish an Accessory Residential Structure at 1109 oak Avenue. Representative Carrie Miller was present. Ms. Miller stated that she would like to create a living unit for her elderly grandparents to make it easy to take care of them. She stated that she reviewed the letters from the concerned neighbors and that the current code violations in the area should not have an impact on her request. She has met with Antonia and is following the policies and codes. In addressing the lot size and overcrowding on the lot, the structure already exists and it will not be enlarged. She has no intentions using it as rental property. The garage doors will be left on the structure and drywall will be installed on the inside. When she purchased the home, she was not aware that the existing deck and fence were a problem. Mr. Gibson stated that if she continues to use the deck and fence, she would need to obtain a right of way use agreement. The City was not aware that they were located within the right of way until Ms. Miller submitted her survey. Mr. Skat asked if this board has approved these before. Mr. Gibson advised him that the board has approved these before with the most recent being located at 919 Park Avenue in which they basically had the same conditions as presented tonight with there being an existing detached garage with a second story dwelling unit being built for immediate family members only. Mr. Skat asked if the owner would be required to build a new garage to comply with code once the existing garage is used for living space. Mr. Gibson stated that the zoning this property is located within does not require a garage or carport, that it only requires two off - street parking spaces. Mr. Kutz asked if the garage was connected to the house would they need a variance. Mr. Gibson stated that if it were attached, it is considered as an accessory dwelling unit, which would require approval also. From an administrative view, because of a recorded development order that would be initiated, the occupancy use for this structure would be easier to enforce. The City needs the neighbors to help with enforcing the codes by notifying the City of code violations. Ms. Miller stated that she would be in favor of converting the structure back into a garage if she were to sell the property. Present to speak in opposition were: Kim House, 1103 Oak Avenue, stated that the main reason she is opposed to this is that the property is too small to house another family. There would be visual, traffic, and noise impacts on the area, there is not enough parking, and the fence along the side property line would create a PLANNING & ZONING COMMISSION MINUTES — MEETING OF JUNE 19, 2003 PAGE 4 problem with the radius to pull in and park. Also, if owner is allowed to convert the garage, it would create a problem for storage and there is no way for the city to monitor the property. She also stated that there is a flooding problem in the area. Mr. Skat disclosed that he spoke with Kim House. Mr. Robert stated that he received a call from Ms. House but did not call her back because he did not want to prejudice the case. Mr. VonHerbulis stated that this lot size is larger than the new subdivision lots that are being approved. Mr. Gibson stated that there is a 66 -ft right of way and there is amble room on the extended driveway from the street. The Historic Preservation Board will need to consider any exterior character change, which includes parking, and parking is allowed off of the alley. The current off street parking requirement is inside the garage. Mr. Skat stated that he does not remember granting approval for a single story garage being converted into a living unit. Marveen Kelly, 1119 Myrtle Avenue, stated that there is opportunity for them to reside inside the house with Ms. Miller due to her having a three - bedroom house and even though there are great intentions for enforcement, Code Enforcement is complaint driven not proactive. She also stated that this would be setting a precedent and asked the board to follow through on the law and not on emotion. She would not have a problem with the owner adding onto the existing house because they would be inside the same living space. David Lamb, 1100 Park Avenue, stated that previous applicant requests were denied and he is concerned about who would be watching the property to ensure compliance. He has had problems with a rental across from his house and trying to get code enforcement to enforce the codes. Gina Newton, 1118 Park Avenue, stated that her concern is when Ms. Miller moves out and the new owner rents the garage unit, who will enforce the code because there are several rentals in the area now that are causing problems. Mr. VonHerbulis asked staff how many development orders there are on file for this type of situation in this area and Mr. Gibson informed him that there are none in this area since development orders have only been issued within the past several years and the development order is a legal binding recorded document. Mr. Skat stated that he is concerned about this and the only approval he recalls being granted has been for two story type uses and asked staff if there have been any approvals for one -story structures. PLANNING & ZONING COMMISSION MINUTES — MEETING OF JUNE 19, 2003 PAGE 5 Mr. Gibson stated that any property in the city residential zoning district has the right to apply for a conditional use as long as they comply with the requirements. Linda Kuhn, 313 Palmetto Avenue, stated that the problem is that you can not prove they are immediate family members. If Carrie moves, what will happen or when the grandparents die then what? If the board approves this request they will be setting a precedent because there have only been approvals for two story structures with the garage on first floor and the apartment on top. Virginia Huber, 1012 Magnolia Avenue, stated that regarding the structure at 919 Park Avenue, the original house had six units so the father could have lived in the house, but the board approved the two -story garage. The father died before the garage unit was completed so who is living in it now? Also, there is a flooding problem in the area. Kim House, .1103 Oak Avenue, stated that Bette Skates who also lives in area is faced with the same problem; her mother moved in with her in the house with no impact to the neighbors. Ms. Miller came forward and stated that she did not appreciate the neighbors comparing her to drug dealers and if there are code violations in the area, they are not her problem to have them enforced, and her personal life is none of their concern. Her grandparents are her main concern because studies show that they need their independence and they can not move in with her parents because they already have the other grandparent with them. She has checked out the flooding issue and stated that it would not be any different for anyone else. Also, if there were a development order attached to the title, why would there be a problem then? She stated that she appreciates the consideration and thanked the board for their time. (There were several written comments that were received and submitted to each board member. Written comments were received from Jeremy Anderson -1105 oak Avenue, Kathy Dachowski- 1107 Oak Avenue, Randy Allman and David Lamb -1100 Park Avenue, Peter and Kim House - 1103 Oak Avenue, Mike Allen -1101 Oak Avenue, John and Gina Newton -1118 Park Avenue, Bette Skates --1108 Park Avenue, and Debbie Fuller -1114 Park Avenue). Mr. Yosefian moved to approve per Staff s recommendation. Mr. VonHerbulis seconded. For discussion, Mr. VonHerbulis stated that he would like to see the parking stay where it currently is on 12 Street and eliminate the parking on the north side of the garage. . Mr. Yosefian amended his motion to include that the parking remains where it currently is and eliminate the parking on the north side of the garage. Mr. VonHerbulis seconded amended motion. PLANNING & ZONING COMMISSION MINUTES — MEETING OF JUNE 19 2003 PAGE 6 Mr. Skat questioned how they were justifying the approval on this one when in the past there was consistency with denying such request. Mr. VonHerbulis stated that the previous requests did not have the same stipulations placed on them as this, feels that there will be a minimal impact on the area, has dealt with development orders that they are good legal binding documents, and she should not be punished for others code violations. Mr. Yosefian stated that when others come forward, the same conditions could be placed on them. During further discussion, Mr. Skat stated that this is inconsistent and feels a development order will not help, Mr. Robert stated that he agreed with the code enforcement issue and maybe a sunset could be placed on the request, and Mr. Kutz stated that the board needs to consider the neighbors concerns and rights. Randy Allman, 1100 Park Avenue, stated that he moved into the area three months ago and he is concerned because he has watched other homes turn into rentals and is concerned about the number of cars on the street. Mr. Gibson stated that the board has the authority to regulate and stipulate the level of detail regarding the approval or denial and all building and fire codes will have to be complied with. Motion failed with a vote 3 to 6. Those is favor to approve were. Mr. Yosefian, Mr. VonHerbulis and Ms. Dennison and those against were Mr. Volk, Mr. Skat, Mr. Kutz, Mr. Huber, Mr. Garrett, and Mr. Robert. Mr. Volk moved to deny the request. Mr. Huber seconded. Mr. Skat stated that there needs to be a statement as to why the denial. Mr. Volk stated that it is because of the neighbors' input and past records. Motion carried to deny with a vote 6 to 3. Those is favor to deny were Mr. Volk, Mr. Huber, Mr. Skat, Mr. Kutz, Mr. Garrett, and Mr. Robert and those against were Mr. Yosefian, Mr. VonHerbulis and Ms. Dennison At 9:19 PM, Mr. Robert called a recess. At 9:28 PM, Mr. Robert called the meeting back to order. Hold a Public Hearing to consider a Planned Development Rezone and associated PD Master Plan for the Seminole Power Sports located at 1200 Rinehart Road. Representative Mikal Hale was present. Mr. Hale stated that there is a recorded document for the shared egress /ingress and the shared pond. Mr. Gibson stated that when Car Max was before the board for approval they were encouraged to coordinate with the adjacent property owner to provide cross access and have one driveway to PLANNING & ZONING COMMISSION MINUTES -- MEETING OF JUNE 1% 2003 PAGE 7 utilize the full median opening on Rinehart Road. They also will have joint stormwater treatment. Mr. Hale stated that the proposed footprint of the building is 33,000 square feet. The drawing presented is only a rendering because the architectural design is not yet complete. They are requesting the board to consider allowing two 50 square foot signs (one at each driveway entrance) instead of one. Since they deal with ten different manufacturers, it might make it easier to deal with which manufacturers would be on the freestanding sign and which would be on the building. Mr. Gibson stated that Eileen did an assessment of the freestanding signage that has been approved along the Rinehart corridor and they are predominantly at a maximum of 75 square feet so the staff recommendation will be amended to allow a maximum of one 75 square foot freestanding sign instead of a 50 square foot sign. Mr. Robert stated that the board does not want to see elevated display areas. Mr. Hale stated that there would not be an elevated display area because their main goal for this new building is to get the vehicles inside instead of being outside. There will be 81 parking spaces provided, which is above the requirement. Mr. VonHerbulis inquired about why the sidewalks on Rinehart Road came back into the property instead of being on the property line at the right of way. Mr. Gibson stated that due to the development along Rinehart Road with the swale requirement, the sidewalk is allowed to be on the property within the city services easement. During discussion on the signage issue, Ms. Hinson stated that the total signage on the building can not exceed more than 1.5 times the linear frontage. Mr. Gibson further stated that any individual sign on the building is capped at a maximum of 200 square feet. Staff feels that this site is consistent with the other auto dealerships and should be permitted with one freestanding sign at a maximum of 75 square feet. Mr. Kutz moved to approve per Staff s recommendation with the stipulation to item 93 to allow one freestanding sign not to exceed 75 square feet. Mr. Skat seconded. All in favor. Motion carried. CITIZEN PARTICIPATION. PLANNING & ZONING COMMISSION MINUTES — MEETING OF JUNE 1% 2003 PAGE 8 STAFF REPORTS. Mr. Gibson stated that in the agenda packet there is an update on Commissioner reports from the previous meeting with there being some outstanding issues to be resolved. Ms. Dennison stated that when something is brought to the staff s attention from this board, it gets handled very quickly. Mr. Gibson stated that he and his staff is committed to do the best that they can do. Mr. Gibson stated that he received response back from the State Department of Historic Preservation regarding the review of the City's Schedule S. They stated that they were very impressed with it and they have made a copy for their files should another municipality request samples of other historic preservation regulations. Mr. Gibson presented a map that reflected existing land uses in the historic district based on the property tax records assessment and a copy will be provided to each board member. COMMISSIONERS REPORTS, Mr. Skat asked if there was anything planned for Jay when he left. Mr. Gibson advised him that he and some others are in the process of organizing an event possibly at the Willow Tree Caf6 or at the Marina Hotel. Mr. Skat suggested an appreciation plaque from the Planning and Zoning Commission. Mr. VonHerbulis asked if the board could obtain a current copy of the Land Development Regulations since there have been several revisions approved. Mr. Gibson stated that the board will be furnished with copies of the approved schedules. ADJOURNMENT. There being no further business, the meeting adjourned at 1 0:03 P.M. Ross Robert, bP- FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS .T S fiAME-&FiR E--MIDDLE NA E N OF BOARD, COUNCIL, CQMMI SIOK AUTHORITY, OrMMITTEII U6 :t& J9:1 NG D v cz� S THE BOARD, COUNCIL', OMMISSION, AUTHORITY COMMITTEE ON .0 . 2 , 4 _ I, WHICH I SERVE IS A UNIT OR 1TY Q CDUtJTY Q OTHER LOCAL AGENCY }� m.� �"� ��� � � :• � � 1, � d . PdLITIC BD SION: r DATE (N WH C VOTE OCC RRED ILI _ :. MY POSiT[ IS: El ELECTIVE APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 11 2.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which Tres to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 1.63.356 or 163.357 F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in --law, son - in-law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. (OU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 86 - EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and fie it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST toe. d'�a .. /`. J kx ,hereby disclose that on 4 14! , 20 �• (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of N Z6 by whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me, (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed gnature , which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 112000 PAGE 2